No one will put pressure on the President regarding when to sign or not sign.
- Nawrocki on SAFE
Hot Topic
01/23/2020
00:14
First President of the Supreme Court, Małgorzata Gersdorf, has submitted a legal question to a panel of three combined chambers of the Supreme Court: Civil, Criminal, and Labour and Social Security. The issue concerns the resolution of discrepancies in Supreme Court jurisprudence, specifically, in short, the participation of "persons selected by the new National Judicial Council (KRS)" in judicial panels. The judges will deliberate on this matter at 10:00.
The Sejm will resume its proceedings at 10:00 with the second reading of the near-budgetary act for 2020. Subsequently, at 10:45, the second reading of the bill amending the Act on Departments will take place. At 13:00, questions on current matters are scheduled, and at 15:00 – current information regarding the "Mały ZUS Plus" program, the "Friendly Law Package," and other simplifications for entrepreneurs, at the request of the Law and Justice (PiS) club to the Minister of Development.
At 18:00, a two-hour voting block will commence, during which the Senate's motion to reject the so-called judge discipline law will be voted upon. It is almost certain that this motion will be rejected, and thus the PiS proposal will be sent to the President for signature. The block is scheduled to conclude at 20:00. The Committee for the Defence of Democracy has announced demonstrations across Poland for 18:00, in connection with the proceedings of the aforementioned law.
President Andrzej Duda continues his visit to the World Economic Forum in Davos. At 8:45, he will meet with WEF Chairman Klaus Schwab, and at 9:15, he will participate in a session on Transatlantic issues. PAD will meet at 10:05 with OPEC Secretary-General Mohammed Sanusi Barkindo, at 10:30 with the Managing Director of the International Monetary Fund, Kristalina Georgieva, and at 10:45 with NATO Secretary-General Jens Stoltenberg. At 11:15, the Polish President will participate in session II on "The Future of NATO," where he will speak, and at 13:00, in a debate titled "CEE+ index: Opportunities and benefits for the CEE and investors."
Also today in Jerusalem, the World Holocaust Forum will take place, commemorating the 75th anniversary of the liberation of the Auschwitz-Birkenau concentration camp, organized by the Yad Vashem Institute. Russian President Vladimir Putin has announced his participation, among others.
07:58
Emilewicz:
All Reforms by the United Right Camp in the Past 4 Years Gained Confirmation and Readiness for Continuation at the Ballot Box, When Poles Stated, 'Yes, We Want Further Continuation'
- I think we are slowly reaching a point where Poles understand less and less why judges are taking to the streets and what this dispute is really about. I believe our most important shared responsibility, I truly assume the responsibility of the judicial community, is to de-escalate the dispute. Hence the initiative by Prof. Kleiber for us to sit down at the Polish Academy of Sciences, a good place, truly neutral, not politically stigmatized, with all communities and talk in the long term. This would be an important step for us to say: stop, let's talk – stated Jadwiga Emilewicz in an interview with Konrad Piasecki on TVN24's "Piasecki's Interview".
- The reform of the judiciary and all the reforms carried out by the United Right camp in the past 4 years gained confirmation and readiness for continuation on October 15th at the ballot boxes, when Poles decided that yes, we want further continuation. So, in a democratic system, it is ultimately the demos that has control over the remainder, the other branches of power – she continued.
08:05
Emilewicz:
Let's Sit Down Together, Discuss What's Truly Failing in the Justice System, and Try to Improve It
- Let's sit down together, discuss what's truly failing in the justice system, and try to improve it. In a democracy, the principle of checks and balances isn't about separating all powers with a scalpel, but rather about them permeating each other. However, the most important element of this power is the demos, and the demos is most strongly represented in parliament - stated Jadwiga Emilewicz in an interview with Konrad Piasecki on TVN24's "Rozmowa Piaseckiego".
08:36
PMM:
We Will Not Deviate from the Truth About World War II
- This is an element [of Vladimir Putin's speech and Andrzej Duda's lack of speech] of manipulation and a provocative game by President Putin, but also, unfortunately, in cooperation with some circles in Israel. So, we must lament that this is happening, but on the other hand, we must show our consistent line, narrative, and story that presents the truth about World War II. We will certainly not deviate from this truth - stated Prime Minister Mateusz Morawiecki on "Sygnały dnia" (Signals of the Day) on PR1.
08:38
Budka:
There is no jurisdictional dispute. This is another attempt to use the so-called Constitutional Tribunal for political purposes
“Another attempt to use the so-called Constitutional Tribunal for political purposes. There is no jurisdictional dispute, because the Supreme Court does not intend to enact any law, and the Sejm does not intend to issue any judgment. A jurisdictional dispute arises when two bodies consider themselves competent for a particular action in an administrative procedure” – said Borys Budka, the chairman of the Civic Coalition parliamentary club, in a conversation with Karolina Lewicka on Radio TOK FM’s Poranek.
08:39
Budka:
Marshal Witek is acting illegally
"Marshal Witek is acting illegally because she is trying to halt something that falls within the competence of the Supreme Court. She is doing this solely for political reasons. PiS has no idea how to solve this Gordian knot in the justice system" - said the chairman of the Civic Coalition parliamentary club, Borys Budka, in an interview with Karolina Lewicka on Radio TOK FM's Morning Show.
08:41
- We have concerns that an attempt to distort the truth will occur in Jerusalem and we are ready to respond. For several weeks, calmly, decisively, consistently, but at the same time fully showing the truth in various media outlets around the world, we have been demonstrating, presenting how one should view the outbreak, the explosion of World War II – stated Prime Minister Mateusz Morawiecki on "Sygnały dnia" (Signals of the Day) on PR1.
08:42
Budka:
Following Marshal Witek's reasoning, today's Sejm deliberations should be suspended on the gag law point
08:43
PMM:
We won't be provoked, but we are ready to respond to whatever happens in Jerusalem today
- We are in constant contact with the President on this matter. A team composed of individuals responsible for this from the President's office, the Prime Minister's Chancellery, and the Ministry of Foreign Affairs is working on it. Today, there is an action of synchronized publications in several major global media outlets of a letter from the President, and earlier I published in Politico, a portal that is read in Brussels and Western Europe, and not only there, as it is translated into many languages and presented in other parts of the world. So, we are not allowing ourselves to be provoked, but on the other hand, we are ready to ensure a response to whatever may happen today in Jerusalem - stated Prime Minister Mateusz Morawiecki on PR1's "Sygnały dnia" (Signals of the Day).
09:00
- The president's [Andrzej Duda's] associates, as the president is always the host, made such attempts [regarding the Jerusalem ceremony] for the president, and they were not ultimately confirmed positively. Therefore, the president made the only right decision in such a matter. We cannot be spat on, because that is how it should be starkly put, and simultaneously be denied the right to respond and defend ourselves - stated Prime Minister Mateusz Morawiecki in "Sygnały dnia" PR1.
09:14
09:15
„I haven't seen them [support lists for the KRS] with my own eyes. We are dealing with another legal dispute. At this moment, the Chancellery [of the Sejm] is analyzing it. You say it's a pretext, the Personal Data Protection Office firmly maintains that its disclosure would be a breach of the law. We won't resolve this. Masses of lawyers will ponder this” - said PiS deputy spokesperson Radosław Fogiel in an interview with Piotr Witwicki on Polsat News.
10:42
10:43
Dera:
I hope sobriety will come to the Supreme Court
"I hope sobriety will come to the Supreme Court. The Supreme Court cannot undermine judges who sit in another chamber. The judiciary has a characteristic that it is to apply the law established by the nation through its representatives" - said presidential minister Andrzej Dera in an interview with Jacek Prusinowski on Radio Plus.
10:43
Dera:
The President Will Sign the Disciplinary Law, Stating These Changes Are Necessary
"The President said he will sign [the disciplinary law] because these changes are necessary. Changes are needed so that judges who violate the legal order face disciplinary proceedings. This is the ABC of accountability for the judiciary" - said presidential minister Andrzej Dera in an interview with Jacek Prusinowski on Radio Plus.
11:09
11:51
11:54
Budka:
There is no jurisdictional dispute that Witek speaks of. The Supreme Court has not only the right but also the obligation, according to the CJEU ruling, to resolve the legality of the neoKRS's actions
- Today we are dealing with another absurdity that PiS is introducing into public life, trying in some way to get out of a situation they themselves have created. There is no jurisdictional dispute in Poland that Marshal Witek speaks of. The Supreme Court has not only the right but also the obligation, according to the CJEU ruling, to resolve the legality of the neoKRS's actions. Meanwhile, the Marshal of the Sejm, pretending there is some jurisdictional dispute, is trying to push a matter to the Constitutional Tribunal, which was taken over and blocked by PiS in 2016, a matter that this tribunal has no right to resolve. What's more, it should be recalled that this situation only and exclusively shows the powerlessness of the ruling team, people who broke their promises of justice reform, and instead offered Poles constant disputes and cadre laws. Full responsibility for what is currently happening in the judiciary lies not only with the Minister of Justice but also with Jarosław Kaczyński himself, because I remind you that it was after his visit to the Sejm that the shocking and unprecedented situation occurred in history, when a PiS politician, the Marshal of the Sejm, contrary to the Polish Constitution, is trying to use the Constitutional Tribunal for political purposes - stated Borys Budka at a briefing in the Sejm.
11:57
Budka:
We Will Respect Any Supreme Court Ruling
- I want to clearly and emphatically declare here. We will respect any Supreme Court ruling. We, unlike PiS, also respected the Constitutional Tribunal's ruling in 2015, which clearly stated that the election of 3 judges to the tribunal was legal. This is precisely how we differ from the currently governing option: we want an independent judiciary, and as politicians, we will submit to any ruling - stated Borys Budka at a briefing in the Sejm.
13:38
13:50
16:25
- The situation is such that the bill must first leave parliament, be presented to the president, for the president to be able to consider it and decide on its further fate. I guarantee that this will be done within the timeframe stipulated by the Constitution. It hasn't even been voted on yet in the Sejm, so please be patient - stated President Andrzej Duda in a conversation with journalists in Davos, when asked if he would sign the bill disciplining judges.
- As soon as I return to Warsaw, I hope that this bill, if it is indeed voted on, will be presented to me relatively quickly, and then I will consider it - PAD continued.
16:57
Duda:
I Made the Right Decision Not Being in Jerusalem. We Should Not Authorize Such a Distorted Historical Narrative. We Simply Must Speak the Truth, and We Must Speak It Loudly.
- I can only say it this way: I am immensely grateful to US Vice President Mike Pence for mentioning Poland in his speech, for what happened on Polish territory occupied by Nazi Germany, how Polish culture was destroyed, how names were changed, and for explaining where the name Auschwitz came from, why that concentration and extermination camp had that specific name in German. I am grateful for this because it is an important element of history that the world has heard once again thanks to the words of the US Vice President. I also thank him for mentioning Poland and Poles several times, for the martyrdom of Poles, including during World War II. Please also remember that 3 million out of the 6 million Holocaust victims were Polish citizens, Jews who were Polish citizens. So we should have our important place there, and I lobbied hard to be able to speak there and also to be able to tell that specific truth: that they were citizens of the Republic of Poland who were murdered there. 3 million Polish Jews died, and also 3 million Polish citizens who were not of Jewish origin died, so Poland's losses were enormous. Practically every Polish family lost someone, and many Polish families of Jewish origin were completely annihilated. So this was the truth I wanted to be able to tell there and to bow my head to the memory of those who were murdered, but I was prevented from doing so. Despite our diplomatic efforts, I was not given the floor there [in Jerusalem], but unfortunately, I must say with regret that perhaps an answer as to why this happened could be seen today during the ceremony - stated President Andrzej Duda in a conversation with journalists in Davos.
- I don't know if you paid attention, but among other things, films were shown documenting the course of World War II, where Polish involvement in the fight against Germany was not indicated at all. I think this was prepared in advance. Simply put, history was distorted. The organizer, Mr. Kantor's foundation, simply distorted history, completely omitting the Polish participation of our soldiers in the fight against Nazi Germany, the fact that they fought on the Western Front as the Polish army, that they fought in the south, on the Italian front, for example, as the Polish army, shoulder to shoulder with other Allies, that they fought on the Eastern Front shoulder to shoulder with the Red Army. After all, there were Polish soldiers there too, the Polish army, and all of this was omitted today, and this is a very sad circumstance for me, and I will say this: it confirms once again that I made the right decision by not being there, because if I had been there, it would have been difficult for me to bear this situation, and I would have had to, as it turned out, bear it in silence, because I was not given the floor there. And I am satisfied that we were not there. Because we should not authorize such a distorted historical narrative. We simply must speak the truth, and we must speak it loudly. That is why I am pleased that we have undertaken such a broad media campaign, that both the Prime Minister and I have given a whole series of interviews recently to foreign media, that we have published articles in the most important media in Western Europe and the USA, precisely so that the world hears the truth about the Polish fate during World War II, about the fate of Polish Jews, and about the memory that we cherish and will always cherish, but we also demand honesty and historical justice and we will demand it, and it is my duty as president too. Constantly, uninterruptedly, to demand this historical truth and historical justice for Poles - the president continued.
18:47
https://twitter.com/horwatk/status/1220402249031127040?s=21
18:55
In a voting block, MPs rejected the Senate's veto of the so-called judges disciplinary act. Consequently, PiS's proposal has been adopted, and the amendment will now be sent to President Duda's desk. 234 MPs voted in favor, 211 voted against, and 3 abstained.
19:06
"In accordance with the Act on the Organization and Procedure before the Constitutional Tribunal, the commencement of a competence dispute causes the suspension ex officio of proceedings before the Supreme Court. All actions taken by the Court during the period of suspension are invalid. No actions may be taken in the matter until a ruling by the Constitutional Tribunal. A party to the dispute cannot assess on its own whether a dispute has arisen. The Constitution grants this authority solely to the Constitutional Tribunal. The essence of the dispute lies in the fact that no court may examine, let alone question, judicial appointments, or laws regulating the status of judges and the method of candidate selection. The Supreme Court, therefore, cannot encroach upon the competencies of the National Council of the Judiciary, the President of the Republic of Poland, or the Sejm, and by extension, even the Constitutional Tribunal, which has already dealt with the KRS matter and deemed the current wording of the law to be in accordance with the constitution. Proceedings before the Supreme Court should also have been suspended because a case concerning a provision of the Code of Civil Procedure, which this resolution pertains to (i.e., Article 379(4) of the Code of Civil Procedure), is being heard before the Constitutional Tribunal. The resolution of the three chambers of the Supreme Court, being unlawful, does not produce legal effects. The Supreme Court is not authorized to examine or assess whether the participation of a judge from an ordinary court, military court, or Supreme Court, appointed to the position of judge by the President of the Republic of Poland at the request of the KRS after 2018, leads to the invalidity of the proceedings. No authority, including a judicial one, can question the appointment and investiture of a judge. Furthermore, after the entry into force of the Act of December 20, 2019, guaranteeing constitutional order in the judiciary and improving the work of courts, the Supreme Court's resolution will become even more irrelevant. This is because the new law removes recently emerging doubts regarding the possibility of questioning the status of judges appointed by the President of the Republic of Poland. It establishes the inadmissibility of such actions, in accordance with the jurisprudence of the Supreme Administrative Court and the Constitutional Tribunal."
19:31
- [The lecture] was more restrained than his [Putin's] previous attacks on Poland. Numerous omissions still mean distortions and an attempt to rewrite the history of World War II - said Witold Waszczykowski in an interview with Bogdan Rymanowski on the program "Gość Wydarzeń" on Polsat News.
19:38
19:52
- The Supreme Court today did not deal with the status of judges in the sense that it would in any way verify, question, or undermine the President's prerogative to appoint a judge. From this, it follows that we are ordering or saying that the status of the court where such judges sit should be examined, or can be examined, but not the judge personally, not specific individuals, in terms of the correctness of their appointment. This means that those judges who are in the Supreme Court can participate in the General Assembly, can participate in the council, hold the positions of presidents or heads of departments, undertake administrative functions that fall within their competencies, but they should not adjudicate as components, sometimes the sole component of the court - stated Michał Laskowski in a conversation with journalists.
- We do not question the status of these judges, therefore the conclusion is simple: they will continue to be members of the assembly, make choices for candidates for the First President, they themselves could be such candidates, they will be able to be members of the council, receive salaries, and they will have all the characteristics of a judge. All these solutions concerning the remaining judges will also apply to them - the Supreme Court spokesperson continued.
20:03
- We expected such comments and reactions [as the Ministry of Justice's statement]. We don't feel highly effective. We passed this resolution fully aware that it might not yield real results, but after considering these matters, we concluded that, despite everything, this resolution should be issued and our position on this matter should be presented - stated Michał Laskowski in an interview with journalists.
20:35
- We were amazed that in such a decisive way the organizer, meaning Mr. Kantor's foundation, denied us the opportunity to speak during this ceremony, which took place today at the Yad Vashem Institute. Today, when we saw, and especially when I saw the films that were presented there by the organizers, I understood that they had simply eliminated us from the circle of allies, meaning Mr. Kantor's foundation falsified history today - said President Andrzej Duda in an interview with Michał Adamczyk on TVP Info's program "Gość Wiadomości".
20:39
20:46
PAD:
Why Have These Court Presidents, Professors, and Distinguished Judges with Well-Known Names Never Prepared Any Proposal to Reform the Judiciary?
20:53
- Poland will not leave the community because today no one from the ruling camp intends to propose that Poland leave the European Union. It is only the opposition that has so far proposed that Poland leave the European Union. I suggest that the opposition should consider what they are saying, because as far as Poland's presence in the EU is concerned, nothing threatens us, and no one from the current government even intends to lead Poland out of the European Union today. We want to implement something that is our right as democratically elected state authorities, namely to make changes, including systemic ones, and regulating the functioning of the judiciary is an action beyond the treaties, and therefore, we have the right to do so - said President Andrzej Duda in an interview with Michał Adamczyk on the program "Gość Wiadomości" on TVP Info.
20:58
Mitera:
If I were on the bench tomorrow, I would come to court and perform administrative duties, but I would not adjudicate as a judge if I were to respect the Supreme Court's resolution.
“One could say ‘great holidays’. It would be fitting for all judges holding positions in the Supreme Court to be delegated either to the Ministry of Justice, the Ministry of Foreign Affairs, or the Chancellery of the Prime Minister, because they cannot actually adjudicate, but they can perform other duties. The Supreme Court made a distinction between ordinary court judges, which it had full right to do, but also Supreme Court judges, including those of the Disciplinary Chamber. It did something akin to temporal indications, which, in my opinion as a judge, it had no right to do” – said the spokesperson for the National Council of the Judiciary, Maciej Mitera, in an interview with Monika Olejnik on TVN24’s “Kropka nad i”.
“[If I were on the bench tomorrow] I would come to court, I would perform administrative duties, but as a judge I would not adjudicate if I were to respect this resolution. If the Supreme Court's resolution is not challenged, and no defect is found to declare it invalid, then it exists in circulation. I am speaking hypothetically” – he added.
21:09
“A few moments ago, the Sejm passed a disgraceful gag law, which sends the Polish justice system back to the depths of the PRL era. At this point, a common stance from all opposition groups is needed, a single voice that will show public opinion that we are all on the same side, on the side of a democratic Poland, on the side of Poland that desires further integration with the EU. Hence, our joint demand and expectation from the president for an immediate meeting with representatives of the opposition clubs to present arguments that will help the president make the only correct decision, which is to veto this disgraceful law,” said Civic Coalition club leader Borys Budka at a press conference in the Sejm.
“This disgraceful law has nothing to do with justice system reform. It certainly does not serve the justice system. It serves only and solely Law and Justice, it serves the purpose of subordinating the justice system to one political party. All of this has happened before in the PRL, in totalitarian regimes. The hysteria accompanying pro-government media, where they condemn the Supreme Court’s ruling without mercy, is not surprising. The ruling, in fact, is a consistent implementation of what the CJEU ruled, namely that it is the Supreme Court that should assess whether the Disciplinary Chamber is a court within the meaning of the law. Therefore, we organized a round table on changes in the judiciary,” said Sejm Deputy Speaker Piotr Zgorzelski from PSL-Koalicja Polska.
“For the first time this parliamentary term, we stand together, standing in the conviction that today the Polish constitution has been trampled upon. The opposition is convinced that the request sent to President Duda will be a testament that not all doors have been closed today to defend the Polish justice system and Polish judges. We cannot allow judges to be muzzled and verdicts to be politicized,” said Left club leader Krzysztof Gawkowski.
21:43
22:24
Radzik:
Today's stance by some judges of the three chambers of the Supreme Court is nothing but an unlawful attempt to change the system of the Republic. It has no binding force, and judges questioning the legality of appointing other judges will be discip
Link to tweet: https://twitter.com/ZRDSSP_Radzik/status/1220452425582161920
No one will put pressure on the President regarding when to sign or not sign.
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